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(영문) 인천지방법원 2019.08.23 2018가단252242

계약금등 반환 청구의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a regional housing association established pursuant to the Housing Act by making Dable block as a project site in Pyeongtaek-si Seoul Urban Development Project Zone. 2) The Defendant newly constructed and sold 26 apartment buildings of the 27th floor above the ground level from the ground level to the 27th floor above the above apartment site.

B. On March 22, 2018, the Defendant was authorized to change the housing association with the number of members 1,605 from the head of Pyeongtaek-si. (2) On March 29, 2018, the Defendant publicly announced the recruitment of occupants for the said apartment as to the recruitment of occupants.

C. On August 30, 2018, the Plaintiff entered into a sales contract with the Defendant for the foregoing apartment E (hereinafter “instant apartment”).

2) As to the sales contract of this case, the sales contract of this case with the sales price of 350,500,000 won (hereinafter “instant sales contract”).

(2) On the same day, the Plaintiff paid the Defendant KRW 11,484,00 in total as down payment, etc.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including paper numbers), the purport of the whole pleadings

2. After the conclusion of the instant sales contract, the Plaintiff asserted that the Plaintiff became aware of the sales price of the members of the usual number of members similar to the instant apartment, and confirmed that the sales price of the members of the Plaintiff was at least KRW 350,500,000,000, which is the sales price of the instant apartment, was at least KRW 350,500,000. If the Defendant sufficiently notified the Plaintiff of the fact that the sales price of the instant apartment is at least KRW 90,000,000, which is the sale price of the instant apartment, the proportion of the apartment units and the general apartment units among the entire apartment units that the Defendant planned to sell to the Plaintiff, the sale price of the apartment units to the Plaintiff and the difference between the sale price of the general apartment units and the general apartment units, and the sale price of the members of each usual number of members, such as the sale price of the instant apartment unit, and the method by which it can be sold in the qualification

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